Part 6Education
Chapter 2Further and higher education
92Further and higher education courses
(1)
The responsible body in relation to a course to which this section applies must not discriminate against a person—
(a)
in the arrangements it makes for deciding who is enrolled on the course;
(b)
as to the terms on which it offers to enrol the person on the course;
(c)
by not accepting the person's application for enrolment.
(2)
The responsible body in relation to such a course must not discriminate against a person who is enrolled on the course in the services it provides or offers to provide.
(3)
The responsible body in relation to such a course must not harass a person who—
(a)
seeks enrolment on the course;
(b)
is enrolled on the course;
(c)
is a user of services provided by the body in relation to the course.
(4)
The responsible body in relation to such a course must not victimise a person—
(a)
in the arrangements it makes for deciding who is enrolled on the course;
(b)
as to the terms on which it offers to enrol the person on the course;
(c)
by not accepting the person's application for enrolment.
(5)
The responsible body in relation to such a course must not victimise a person who is enrolled on the course in the services it provides or offers to provide.
(6)
A duty to make reasonable adjustments applies to the responsible body.
(7)
This section applies to—
(a)
a course of further or higher education secured by a responsible body in England or Wales;
(b)
a course of education provided by the governing body of a maintained school under section 80 of the School Standards and Framework Act 1998;
(c)
a course of further education secured by an education authority in Scotland.
(8)
A responsible body is—
(a)
a local authority in England or Wales, for the purposes of subsection (7)(a);
(b)
the governing body of a maintained school, for the purposes of subsection (7)(b);
(c)
an education authority in Scotland, for the purposes of subsection (7)(c).
(9)
In this section—
“course”, in relation to further education, includes each component part of a course if there is no requirement imposed on persons registered for a component part of the course to register for another component part of the course;
“enrolment” includes registration for a component part of a course;
“maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998;
“services” means services of any description which are provided wholly or mainly for persons enrolled on a course to which this section applies.